NI ACT
S.D. Singh
(Querist) 12 July 2017
This query is : Resolved
In a 138 nia case filed by me , after issue of summon, the advocate of accused appeared only and applied for certified copy of plaint etc for his study. Is this approach is legal, because accused yet not appeared in the court nor obtained the bail. Please advise.
Rajendra K Goyal
(Expert) 12 July 2017
Certified copy can be applied and taken from copying section.
Copy of plaint and other documents should have been sent with summons / provided at the time of appearing.
P. Venu
(Expert) 13 July 2017
Probably, the accused's lawyer applied for his absence and obtained another date for his appearance. Generally, the Magistrates allow a couple of chances for the accused to appear and execute bail bond before issuing NBW.
Dr J C Vashista
(Expert) 16 July 2017
I respectfully differ with the experts, certified copy of the complaint/document or any record of judicial file can be taken by parties (or their counsel) only with the permission of court where case is pending, which is not a public document.
What do you want to say with the statement, advocate of accused appeared only... what did you expect from the advocate??
What was the reason of applying for a certified copy which an accused is entitled to be served by complainant/counsel of complainant?
T. Kalaiselvan, Advocate
(Expert) 17 July 2017
U agree with the opinion of expert Dr. Vashista Sir.
The accused is entitled to free copy of the complaint which normally shall be sent along with the summons, however if it has not been sent or received, and also if there is no extra copy available in the court back bundle, then it is the option of the accused to apply for certified copy of the same.
In the first hearing if the accused is not appearing the court may post the matter to another date and wold instruct the accused to appear without fail for fixing up the questioning session.
Taking bail shall be done on the date of accused appearing before the court
